Note by: Henry O. Cashen

A circuit split existed in determining whether a conveyance of pollutants through groundwater and into navigable water constituted a violation of the Clean Water Act. Although the Supreme Court attempted to resolve the issue in 2020, Notes Editor Henry Cashen argues that the Court’s guidance is insufficient to direct lower courts in their analyses. Cashen advocates for a mutli-factored balancing test to determine whether a direct discharge of a pollutant or its “functional equivalent” violates the Clean Water Act’s provisions, regardless of the conveyance method.

Article by: Robin Kundis Craig

The quality of costal water remains an environmental and economic concern in the United States. In this article University of Southern California Gould School of Law Robert C. Packard Trustee Chair in Law Robin Craig explores the intersection of the Clean Water Act with the ocean and pushes for more to be done to improve ocean water quality.

Note by: Bennett Tuleja

Workers’ compensation laws provide compensation for employees injured on the job. In Kentucky, agricultural workers are barred from receiving workers’ compensation benefits. In this note, Notes Editor Bennett Tuleja argues that this agricultural exemption should be amended or repealed to mitigate its harmful effects on agricultural workers.

Note by: Zachary Mills

The bourbon industry is particularly prominent in Kentucky. In this note, Editor-in-Chief Zachary Mills explores the environmental hazards associated with the bourbon industry. Mills ultimately argues for changes to Kentucky’s regulatory structure in order to promote sustainable industry growth.

Blog By: Abigail Barford

In this blog, 3L Staffer Abigail Barford discusses the recently passed Florida legislation which removed the term “climate change” from Florida law and changed the state's energy policies. Barford discusses criticism as well as Governor Ron DeSantis's justifications for the legislation, concluding that the state of Florida, a state heavily impacted by climate change, would benefit from consulting environmental and climate experts when drafting legislation.

Blog By: Sam Hilgeman

In this blog, 2L Staffer Sam Hilgeman argues that the Supreme Court has a unique opportunity to find a balance between reasonable environmental regulation and providing an efficient review process for major infrastructure projects. Hilgeman focuses on the broad scope permitted to government agencies in the environment effects they must address that create burdensome hurdles for developers to overcome. 

Blog By: Grace McDonald

Greenwashing is a deceitful advertising tactic that businesses use by making misleading claims about their environmental impact for financial gain. In this blog, 3L Staffer Grace McDonald discusses that the United States' current regulations are ineffective, and greenwashing litigation continues to rise. McDonald asserts that it is time for the United States to enact stricter greenwashing regulations like that of the EU in order for consumers to trust the "eco-friendly" products they see on the shelves.

Blog By: Lauren K. Repa

Kentucky is known worldwide for its horse races, and betting on horse races is integral to Kentucky's culture and economy. In this blog, 2L Staffer Lauren K. Repa argues that the passing of House Bill 551 this past September, legalizing all sports betting, might put horse racing at risk, with betters flocking to other forms of gambling. However, not all is lost; Repa asserts AI apps such as EquinEdge might be the program Kentuckians need to keep horse racing alive with the passing of the new legislation. 

Blog By: Antonio C. Ellzey

In this blog, 3L Antonio C. Ellzey points out that California Governor Newsom recently vetoed a pending California state law that aimed to address the dangers of gas appliances. Specifically, the new law would have required manufacturers to place warning labels on gas stoves to inform consumers of their health effects. Some say the new law would help build awareness around a hidden danger while others say the new would restrict Californians’ freedom. Ellzey believes the pending law would positively impact Californians because they can make better-informed decisions around their health and safety, which would ultimately help save lives.

Blog By: Stevi Whitman

In this blog, 3L staffer Stevi Whitman argues for the use of certification marks to promote authenticity within the whiskey industry by introducing the Estate Whiskey Alliance® (EWA). The EWA is a member led association spearheaded by UK Innovate at the University of Kentucky, the James B. Beam Institute, Marker’s Mark Distillery, and other founding members, tasked with ensuring quality standards of whiskey production, promoting the benefits of local sourcing, and advancing sustainability efforts throughout the whiskey industry through the use of certification marks.

Blog By: Phillip Burress

Kentucky is home to 100 distilleries in 42 counties and produces 95% of the world's bourbon. In this Blog, 3L Phillip Burress discusses the threat posed by "Whiskey Fungus" on Kentucky property owners and the legal challenges facing Kentucky distillers.

Blog By: Ashton Edwards

In this Blog, 3L Staffer Ashton Edwards argues that instead of staying silent on the issue, Congress should respond to the interstate commerce concerns that reside in the Prop 12, a proposition that was made law by the U.S. Supreme Court in 2023. Edwards discusses that so far, Congress has yet to address the arguments and concerns of Farmers, the Court, or citizens, even though this law arguably has a substantial impact on interstate commerce.

Blog By: Antonio C. Ellzey

In this Blog, 3L Staffer Antonio C. Ellzey discusses the challenges faced by entrepreneurs in the cannabis industry, particularly the impact of Section 280E of the Internal Revenue Code, which limits deductions for businesses engaged in the cannabis trade due to federal prohibition. Ellzey discusses the potential benefits of rescheduling cannabis from Schedule I to Schedule III, which he argues would alleviate financial burdens on cannabis businesses, enhance safety, and stimulate economic growth.

Blog By: Yuha Jung

In this Blog, outgoing 3L Staffer Yuha Jung explores two recent youth climate cases, one resolved in Montana (Held v. State) and another ongoing in California (Genesis v. EPA), emphasizing their implications for future climate litigation. Jung contends that youth-led climate lawsuits will ultimately contribute positively to safeguarding a clean and healthy climate for future generations.